Legal Question in Civil Litigation in California
Duplicate Title
I bought a car with my daughter from Carmax and the title/lien had both of our names on it with an ''or''. After a month, we agreed that I would pay off the loan and transfer the car into my name since she couldn't afford it. While the DMV is processing my title transfer, she takes the car back to Carmax and sells it, takes the money and moves out of state without telling me. Last week I get the new title which is in my name only, and then learn what she has done. I contact the police to find out what is going on and they tell me the car is pending a new owner per DMV records. I contact Carmax and they said they already sold my car. Carmax tells me they bought the car because my daughter's name was on her duplicate title and didn't realize the title was getting transferred into my name. They told me I am out of luck. Is this true? I spent $8.6k for this car.
2 Answers from Attorneys
Re: Duplicate Title
Hello!
It appears that you have fallen prey to the cleverness of your offspring. First, WHEN she sold/transferred the car to CarMax, she did so at a time that the DMV still had her as a co-registrant.
Car Max is right in their comments.
The $8.6K is now lost to you. It is between you and your daughter. Legally she owes the money, in part or in whole, to you. Suing her is probably fruitless as she has nothing and you will spend money going after her.
The best thing is to consider you emotional options as your legal options are no good end in sight.
Respectfully,
Mark Geyer
Re: Duplicate Title
Your remedy is a lawsuit against your daughter. Ugly, but necessary if she doesn't repay you. Bring it in small claims court for the $7500 max, to avoid paying legal fees.
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